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Privatization And The Freedom Of Information Act: An Analysis Of Public Access To Private Entities Under Federal Law, Craig D. Feiser Dec 1999

Privatization And The Freedom Of Information Act: An Analysis Of Public Access To Private Entities Under Federal Law, Craig D. Feiser

Federal Communications Law Journal

Congress drafted the Freedom of Information Act to ensure that the public would always be able to keep track of the events happening behind governmental agency doors. In an age of privatization of governmental services in the name of efficiency, the Act needs to be adapted to ensure that its original purpose remains sound. Thus far, courts have not kept pace with this purpose by interpreting agency and agency record under the Act too narrowly. This may very well result in government secrecy as services are farmed out to entities not covered under the Act. This Article analyzes the various …


Monitoring Governmental Disposition Of Assets: Fashioning Regulatory Substitutes For Market Controls, Harold J. Krent, Nicholas S. Zeppos Nov 1999

Monitoring Governmental Disposition Of Assets: Fashioning Regulatory Substitutes For Market Controls, Harold J. Krent, Nicholas S. Zeppos

Vanderbilt Law Review

Each year, the government sells and leases public assets worth billions of dollars. FCC auctions to allocate rights to electromagnetic spectrum generated over twenty billion dollars within a three-year period, and proceeds from mineral leases, timber sales, and disposition of real estate from defaulting thrifts have surpassed several billion dollars annually.

From the taxpayer's perspective, however, government sales and leases have been deplorable. The government has donated valuable resources to preferred claimants, allocated scarce broadcast and oil rights resources by lottery, and sold both public land and mineral rights to private parties at a fraction of the market price. Although …


Alj Final Orders On Appeal: Balancing Independence With Accountability, Jim Rossi Oct 1999

Alj Final Orders On Appeal: Balancing Independence With Accountability, Jim Rossi

Vanderbilt Law School Faculty Publications

This essay addresses how ALJ final order authority in many state systems of administrative governance (among them Florida, Louisiana, Missouri, and South Carolina) poses a tension between independence and accountability. It is argued that political accountability is sacrificed where reviewing courts defer to ALJ final orders on issues of law and policy. Standards of review provide state courts with a way of restoring the balance between independence and accountability, but reviewing courts should heighten the deference they give to the agency's legal and policy positions -- giving little or no deference to the ALJ on these issues -- even where …


Contractors State License Board, J. D. Fellmeth Jul 1999

Contractors State License Board, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Board Of Registered Nursing, Gina Clark-Bellak Jul 1999

Board Of Registered Nursing, Gina Clark-Bellak

California Regulatory Law Reporter

No abstract provided.


Respiratory Care Board, Gina Clark-Bellak, J. D. Fellmeth Jul 1999

Respiratory Care Board, Gina Clark-Bellak, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Board Of Registration For Geologists And Geophysicists, Eric M. Sedwick, J. D. Fellmeth Jul 1999

Board Of Registration For Geologists And Geophysicists, Eric M. Sedwick, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Board Of Behavioral Sciences, Matthew F. Archbold Jul 1999

Board Of Behavioral Sciences, Matthew F. Archbold

California Regulatory Law Reporter

No abstract provided.


Board Of Optometry, Jane K. Babin Jul 1999

Board Of Optometry, Jane K. Babin

California Regulatory Law Reporter

No abstract provided.


Board Of Podiatric Medicine, Michael A. Stone, J. D. Fellmeth Jul 1999

Board Of Podiatric Medicine, Michael A. Stone, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Little Hoover Commission, Elisa D 'Angelo Weichel Jul 1999

Little Hoover Commission, Elisa D 'Angelo Weichel

California Regulatory Law Reporter

No abstract provided.


Office Of Administrative Law, Rusty Nichols Jul 1999

Office Of Administrative Law, Rusty Nichols

California Regulatory Law Reporter

No abstract provided.


Cal-Osha, Sarah F. Hardy Jul 1999

Cal-Osha, Sarah F. Hardy

California Regulatory Law Reporter

No abstract provided.


Athletic Commission, Shannon L. Kelly, J. D. Fellmeth Jul 1999

Athletic Commission, Shannon L. Kelly, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Department Of Alcoholic Beverage Control, Christopher J. Fernandes, J. D. Fellmeth Jul 1999

Department Of Alcoholic Beverage Control, Christopher J. Fernandes, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Board Of Architectural Examiners, Todd N. Tappe, J. D. Fellmeth Jul 1999

Board Of Architectural Examiners, Todd N. Tappe, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Veterinary Medical Board, Allen R. Greenway Jul 1999

Veterinary Medical Board, Allen R. Greenway

California Regulatory Law Reporter

No abstract provided.


Legislative Analyst's Office, Elisa D 'Angelo Weichel Jul 1999

Legislative Analyst's Office, Elisa D 'Angelo Weichel

California Regulatory Law Reporter

No abstract provided.


Senate Office Of Research, J. D. Fellmeth Jul 1999

Senate Office Of Research, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


V.16-2, 1999 Masthead Jul 1999

V.16-2, 1999 Masthead

California Regulatory Law Reporter

No abstract provided.


Department Of Corporations, Athanasia Economy, J. D. Fellmeth Jul 1999

Department Of Corporations, Athanasia Economy, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Medical Board Of California, Jane K. Babin, Debra L. Back, J. D. Fellmeth Jul 1999

Medical Board Of California, Jane K. Babin, Debra L. Back, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Department Of Insurance, Nicole Slanker, Muchael A. Stone, J. D. Fellmeth Jul 1999

Department Of Insurance, Nicole Slanker, Muchael A. Stone, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Department Of Real Estate, Christopher J. Fernandes, J. D. Fellmeth Jul 1999

Department Of Real Estate, Christopher J. Fernandes, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Board Of Dental Examiners, J. D. Fellmeth Jul 1999

Board Of Dental Examiners, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Bureau Of State Audits, Elisa D 'Angelo Weichel Jul 1999

Bureau Of State Audits, Elisa D 'Angelo Weichel

California Regulatory Law Reporter

No abstract provided.


State Bar Of California, Matthew S. Butler, Eric M. Sedwick, J. D. Fellmeth Jul 1999

State Bar Of California, Matthew S. Butler, Eric M. Sedwick, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Department Of Corporations, Athanasia Economy, J. D. Fellmeth Jul 1999

Department Of Corporations, Athanasia Economy, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Board Of Accountancy, David Deason, J. D. Fellmeth Jul 1999

Board Of Accountancy, David Deason, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Board For Professional Engineers And Land Surveyors, Matthew S. Butler, J. D. Fellmeth Jul 1999

Board For Professional Engineers And Land Surveyors, Matthew S. Butler, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.